Section 106 — Evidence Act 1995 (Cth)

(1) The credibility rule does not apply to evidence that is relevant to a witness’s credibility and that is adduced otherwise than from the witness if:

(a) in cross‑examination of the witness:

(i) the substance of the evidence was put to the witness; and

(ii) the witness denied, or did not admit or agree to, the substance of the evidence; and

(b) the court gives leave to adduce the evidence.

(2) Leave under paragraph (1)(b) is not required if the evidence tends to prove that the witness:

(a) is biased or has a motive for being untruthful; or

(b) has been convicted of an offence, including an offence against the law of a foreign country; or

(c) has made a prior inconsistent statement; or

(d) is, or was, unable to be aware of matters to which his or her evidence relates; or

(e) has knowingly or recklessly made a false representation while under an obligation, imposed by or under an Australian law or a law of a foreign country, to tell the truth.

Related sections

• s 102 — The credibility rule
• s 103 — Exception: cross‑examination as to credibility
• s 104 — Further protections: cross‑examination of accused
• s 108 — Exception: re‑establishing credibility
• s 108A — Admissibility of evidence of credibility of person who has made a previous representation
• s 108B — Further protections: previous representations of an accused who is not a witness

Research how courts apply s 106

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.